How do I obtain power of attorney if my father is still living and has a written will with myament?

Answer by  mammakat (11147)

If your father will not grant you power of attorney willingly then you have to petition the court. You will have to prove that your father is not capable of handling his own affairs, and I will warn you, you better have your ducks in a row. The court frowns on anyone trying to supersede the rights of cognizant individuals.

Answer by  Jalaine11 (2043)

If you father is living and not competent to make decisions you will be unable to get power of attorney and make those decisions for him. A person has to be of sound mind to make that appointment. Petition the court for guardianship so that you are authorized to make decisions about things such as finances or health issues.

Answer by  patti (29325)

Your father or his appointed guardian can extend POA to you if necessary. If your father is no longer competent, you may petition a court to grant you POA so that you can handle his affairs, provided that no one else has assumed that role.

Answer by  worker2746 (2434)

You need to meet with your father to find out exactly what his wishes are. A will have no power until after someone dies. Power of Attorney is as easy as meeting with your attorney, drafting the documents with your father, signing it and putting the POA into regular practice.

Answer by  krpmuffitt (223)

You can only get a power of attorney for your father with his permission. If he is not willing or able to give you power of attorney, you will have to go to court and ask for guardianship of your power. This will only happen if he is unable to handle his own affairs.